The SAHRC appeared before the Constitutional Court in November 2025, seeking clarity on the interpretation of section 184 of the Constitution, which mandates the Commission to protect human rights and secure redress where violations have occurred.  

This case originates from a complaint by Mr. Tubatsi Mosotho and other occupiers of the De Doorn Hock Farm in Mpumalanga against the owner of the farm, Mr. Francois Gerhardus Boshoff, who allegedly imposed unilateral restrictions on their use of borehole water, thereby depriving them of access to water essential for daily living. Following its investigation, the SAHRC found that Agro Data CC and Mr. Boshoff violated the occupiers' rights of access to water, as provided for in section 6(2)(e) of the Extension of Security of Tenure Act 62 of 1997 (ESTA) and section 27(1)(b) of the Constitution.

The SAHRC issued directives requiring Agro Data CC to restore access to water and to engage in good faith discussions regarding the management of water on the farm to ensure equitable sharing of this scarce resource. The respondents failed to adhere to the directives and instead sought to review the Commission’s findings in the Mpumalanga High Court.  

Following adverse decisions in both the High Court and later the Supreme Court of Appeal, the SAHRC approached the Constitutional Court for clarification on the scope of its powers.

As an institution mandated to protect the most vulnerable and ensure access to justice in cases of human rights violations, the Commission believes that clarity on its powers is essential to strengthening constitutional democracy and awaits the judgment of the Constitutional Court with great anticipation.

ENDS

ISSUED BY THE SOUTH AFRICAN HUMAN RIGHTS COMMISSION